1. THE APPEALS DIVISION OF THE NEW BRUNSWICK SUPREME
COURT HANDED DOWN DECISION ON JUNE 4, 1975 OVERTURNING
PREVIOUS CONVICTION BY JUSTICE ALBANY ROBICHAUD OF
QUEEN'S BENCH DIVISION OF SUPREME COURT OF NEW
BRUNSWICK.
2. THE COURT FOUND NO EVIDENCE THAT DETRIMENT TO THE
PUBLIC RESULTED FROM CONTROL OF THE PROVINCE'S FIVE
ENGLISH-LANGUAGE DAILIES BY THE IRVING COMPANIES.
COURT ALSO FOUND THAT CROWN HAD FAILED TO ESTABLISH
EVIDENCE OF ANY LESSENING OF COMPETITION AMONG THE
NEWSPAPERS WHICH HAD BEEN ''THE ONLY ALLEGATION OF
DETRIMENT MADE BY THE CROWN''.
3. THE COURT FOUND THAT JUDGE ROBICHAUD HAD IN HIS
FINDINGS INTERPRETED THE WORD ''MONOPOLY'' IN THE USUAL
DICTIONARY SENSE OF THE WORD AND HAD NOT TAKEN INTO
ACCOUNT THE RESTRICTIVE DEFINITION OF THE COMBINES
UNCLASSIFIED
UNCLASSIFIED
PAGE 02 HALIFA 00182 051519Z
INVESTIGATION ACT WHICH RESTRICTS ITS APPLICATION TO
SITUATIONS WHERE MONOPOLISTIC CONTROL ''IS EXERCISED OR
LIKELY TO BE EXERCISED TO THE DETRIMENT OR AGAINST THE
INTEREST OF THE PUBLIC''. THE COURT DID NOT FIND THAT THE
IRVING COMPANIES ACTIONS AUTOMATICALLY RESULTED IN
''DETRIMENT IN LAW''.
5. ANNOUNCEMENT OF NEW BRUNSWICK COURT ACTION HAS
RECEIVED WIDE MEDIA COVERAGE AND LIKELY TO BE THE BASIS
FOR MUCH COMMENT. IF APPROPRIATE WILL SEND FOLLOW-
UP AIRGRAM.
MANBEY
UNCLASSIFIED
NNN

Raw content

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PAGE 01 HALIFA 00182 051519Z
51
ACTION EUR-12
INFO OCT-01 ISO-00 L-03 CIAE-00 DODE-00 INR-07 NSAE-00
PA-02 USIA-15 PRS-01 SP-02 /043 W
--------------------- 060204
R 051510Z JUN 75
FM AMCONSUL HALIFAX
TO SECSTATE WASHDC 1042
INFO AMEMBASSY OTTAWA
UNCLAS HALIFAX 182
E.O. 11652: N/A
TAGS: PGOV, CA
SUBJECT: NEW BRUNSWICK SUPREME COURT OVERTURNS CONVICTION
OF IRVING COMPANIES.
REF: CONGEN A-80, AUGUST 19, 1974
1. THE APPEALS DIVISION OF THE NEW BRUNSWICK SUPREME
COURT HANDED DOWN DECISION ON JUNE 4, 1975 OVERTURNING
PREVIOUS CONVICTION BY JUSTICE ALBANY ROBICHAUD OF
QUEEN'S BENCH DIVISION OF SUPREME COURT OF NEW
BRUNSWICK.
2. THE COURT FOUND NO EVIDENCE THAT DETRIMENT TO THE
PUBLIC RESULTED FROM CONTROL OF THE PROVINCE'S FIVE
ENGLISH-LANGUAGE DAILIES BY THE IRVING COMPANIES.
COURT ALSO FOUND THAT CROWN HAD FAILED TO ESTABLISH
EVIDENCE OF ANY LESSENING OF COMPETITION AMONG THE
NEWSPAPERS WHICH HAD BEEN ''THE ONLY ALLEGATION OF
DETRIMENT MADE BY THE CROWN''.
3. THE COURT FOUND THAT JUDGE ROBICHAUD HAD IN HIS
FINDINGS INTERPRETED THE WORD ''MONOPOLY'' IN THE USUAL
DICTIONARY SENSE OF THE WORD AND HAD NOT TAKEN INTO
ACCOUNT THE RESTRICTIVE DEFINITION OF THE COMBINES
UNCLASSIFIED
UNCLASSIFIED
PAGE 02 HALIFA 00182 051519Z
INVESTIGATION ACT WHICH RESTRICTS ITS APPLICATION TO
SITUATIONS WHERE MONOPOLISTIC CONTROL ''IS EXERCISED OR
LIKELY TO BE EXERCISED TO THE DETRIMENT OR AGAINST THE
INTEREST OF THE PUBLIC''. THE COURT DID NOT FIND THAT THE
IRVING COMPANIES ACTIONS AUTOMATICALLY RESULTED IN
''DETRIMENT IN LAW''.
5. ANNOUNCEMENT OF NEW BRUNSWICK COURT ACTION HAS
RECEIVED WIDE MEDIA COVERAGE AND LIKELY TO BE THE BASIS
FOR MUCH COMMENT. IF APPROPRIATE WILL SEND FOLLOW-
UP AIRGRAM.
MANBEY
UNCLASSIFIED
NNN